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GmbH reform approved but not yet in force

you have always been a pitfall for the lawyers: the double-writing clauses. Anyone who has been involved in labor that knows that must pay for the principles of "business practice" (eg voluntary gratuities) to this aspect. But now comes the next surprise: According to a ruling of the BAG are double writing clauses ineffective in a form employment contract pursuant to § 307 BGB in the rule.

a written clause in a form employment contract, under which both changes and additions to the contract and the waiver of the requirement of writing:
According BAG 20.05.2008, 9 AZR 382/07 applies be in writing (twice written form), in accordance with terms of law (here, § 307 paragraph 1 sentence 1 BGB) is ineffective. You give the worker protection against the provisions of § 305b BGB the impression that oral individual contractual agreements are invalid for failure to comply with the writing.

As part of a form employment contract is the clause a "Terms" and the rigorous review by the AGB-law, that the § § 305 ff BGB subject.

The BAG resulted in spirit from:

pre-formulated by the employer bargaining agreement pursuant to clauses. § 307 para 1 sentence 1 BGB ineffective if the employee contrary to the requirement of good faith and unreasonable disadvantage. According to § 305b BGB individual contract agreements prior terms and conditions shall prevail.

The applicant was from May 2002 to 31 March 2006 for the defendant as an office manager in China working with local residence. The defendant reported to him and the other activities of employees, the cost of rent. From August 2005, she refused to the now terminated plaintiff to continue this practice, citing the employment contract contained in the written form. After the form work contract, modifications and additions to the contract and the waiver of the requirement of written form Writing.

The Ninth Senate has upheld as well as the Regional Labour Court of Justice. The refund claim of the plaintiff from operating following exercise. The written form is too broad and therefore acc. Ineffective § 307 para 1 sentence 1 BGB. It suggests to the workers against the health provisions of § 305b BGB the impression, even a verbal agreement was in accordance with individual contract for non-compliance in writing. Invalid § 125 sentence 2 BGB.